The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-05-19

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, and said he would get revenge. HI
took my hand and put my finger In hii
mouth, and felt cut there. HC
, talked excitedly and began striking out
with his fists as though he was mad
After walking around he went into the
house and sat down to supper. told
him to behave himself or I would put
him out. He was quiet. After supper
! he loafed around the Office and talked
with the boys until o'clock.
On cross-examination witness stated
Marlborough was quiet when he saw
him at $50 O'Clock, but was excited.
crying and threatening Collier when he
saw him after the difficulty. He told
me of the row at the depot and said he
would get even with Collier. Never
saw Marlborough drunk before. Had
never known Marlborough or Collier to
have the slightest trouble before.
F. n. Bloomhoff, the next witness,
is an employe in the Santa Fe yard;
knew Collier and Marlborough; was In
the reading room of the Santa Fe depot
Monday afternoon; heard loud talking
and crying; Marlborough said to Collier:
You have treated me like a Cd d-n
| dog ever since you came back. There
was scufle and the two were parted,
l went down the hallway with Collier
| but left him at the head of the stairs
v -
rough; Collier came back struck Var
borough; he fell like log; we lifted
him up and washed his face; the two
afterwards went to the end of the de-
pot and wanted to fight again, but were
parted; both were very abusive; Collier
called Marlborough a s-n-of-a-b-h
both before and after knocking him
down; l did not see the difficulty in the
| dispatcher's Office. The trouble arose
about Yarborough's neglect of duty
during Golfers absence at Kan
sas City; never saw Marlborough take
3 drink; He and Collier were always
| friendly. CrOsS-eXamined: Collier
would listed to no explanation
about the neglect of duty. He struck
Marlborough on the side of his neck and
head. Marlborough could not see him
strike. He fell to the floor with dull
| thud and laid quiet while. He then
rose half way up, but Collier knocked
him down again. Marlborough did not
strike Collier The fight occurred at
O'Clock.
F. A. Burgess, trainmaster on the
Santa Fe, testified to the friendly feel
ing between Collier and Marlborough,
testified to the difficulty in the bill
clerks Office. Saw Marlborough on the
floor bleeding at the nose and bruised
in the face.
Collier went from the bill clerks
Office to the dispatcher's Office, followed
in by Marlborough. Collier turned to
leave the Office, but was stopped by
Marlborough, who struck at him and
clinched him. we separated them.
They met again on the depot platform,
Marlborough trying to get Collier to
fight. Marlborough acted very excited.
took Marlborough to the Palace hotel.
He was angry at Collier and threat
ened to get even with him; he said: eff
live he dies"
'Cross-examined-Y arborough was
not unconscious after being knocked
down.
J. H. Morse, yard master of the
Santa Fe-Was in the car clerk s Office.
Marlborough and Collier came in to-
gether. Marlborough asked me if there
was bill for acertain car, then, speak
ing to Collier, said, You have had all
your trouble for nothing" then asked
me, 'Have not 1 attended to my bust
ness since Collier left?" l said, Eyes,
as far as 1 know" Collier and Var
borough then started to leave the office.
Collier said, ''You have been drinking.
You ought to have attended to bust
ness better" Marlborough said he had
attended to business. Collier said, 81
to leave the Office. Marlborough made
an indecent response to Collier, who
knocked him down. He fell, his head
striking the register. Marlborough
started to get up, saying that Collier
had struck him when he was not look
ing. Collier knocked him down again,
his head striking the wall. Collier
went into the dispatcher's Office. Var
borough followed him and they
by friends. Collier said, II will
kill the s. of-a-b- if he makes anoth-
er crack at me-"
Cross examination-Collier struck
Marlborough when his back was turned.
think Marlborough was unconscious
for few seconds. After being struck
he laughed and cried and made many
contradictory remarks, calling Collier
his best friend, then threatening to kill
him, said he didn't want to fight then,
said he would lick Collier.
Attorney Scott-Did he act like d
crazy man?
Morse-He acted very strange.
DEFENSE OPENS.
Attorney w. w. Scott .opened the
case for the defense. He said:
We propose to show that the prisoner
was not mentally responsible for the
unfortunate act of which he is accused;
we will show hereditary mental de-
rangement in his father and fOrefath-
ers for generations back. We believe
that the defendant was launched into
the world with an unSound mind,
which, still more disordered by the
stimulants of which he had paTtaken,
and the brutal treatment by Collier,
was completely upset, and that he was
mentally irresponsible for the killing
of l.. ID. Collier. These things we will
prove to you beyond a reasonable
doubt.
The first witness called after Attor-
ney Scott had opened the case for the
defense was:
7. G. Evans, undertaker-Am with
HardcaStle & Kenyon, had charge of
the case of Collier as undertaken, en-
balmed the body, he was very strong
man, weighed 1855 or 40 pounds, well
| developed, uncommon large muscles,
very large arm.
| Sheriff Wilhite - Marlborough was
quiet next morning, asked me where he
was and what he was there for. l told
| him he was in Jail for the murder of
| Collier. He said he had some
thing like a dream that a crime
had been committed. He asked
me if he didn't give me some
dispatches, my recollection is that
he said he did not know that he killed
Collier, told him he surely had. He
had given me three dispatches the
night before about IL O'Clock, he want
ed to know if they had been sent; i told
told him they had. He appeared as
quiet and natural that morning as he
does now, he was dressed when l saw
him that morning, don't think he had
undreSsed.
To-DAY'S PROCEEDINGS.
The reading of dispositions for the de-
Tense was continued this morning. The
evidence produced in these went to
show the mental unsoundess of Var.
bOrough's relatives, testifying to the
insanity of his grandfather's cousin
and another near relative, two of whom
died in the insane asylum. The depo
sttions did not show that the insanity
oEhis relatives was produced by dis
sipation or that the insanity was of &
homicidal nature. In the majority OF
cases the mental unsoundness was thai
of profound melancholy. In some in
stances the symptoms were accompan
led by violent actions, so that the pa
tient would have to be secured. There
was considerable wrangling between
the attorneys as to the admission O
certain evidence during the reading o
Hha Han0cifiOna